Other Common Law Crimes

Question 1

Receiving stolen property

Answer 1

Intentionally receiving or possessing property one knows is stolen, with the intent to permanently deprive the owner thereof

Specific intent crime

Purposely or knowingly mens rea

Physical possession of the property is sufficient but not necessary, but at minimum D must exercise control over the goods

Question 2

Larceny

Answer 2

Intentionally (knowingly or purposely) taking one’s property with the intent to permanently deprive the owner

Specific intent crime

Watch hypo

Question 3

Burglary

Answer 3

The breaking and entering of the dwelling of another, at nighttime, with the intent to commit a felony therein

Do not have to break anything; any use of force to create an opening is sufficient (ex: opening an unlocked door)

Entry of any portion of the body inside the structure/dwelling

Must be accompanied by a simultaneous felonious interest – intent to commit the felony cannot be created once the person is already inside

Modern law: No longer needs to be at nighttime and no longer needs to be a dwelling (can be an office, garage, etc.)

Question 4

Arson

Answer 4

The malicious burning of the dwelling house of another

Malicious = D acted purposely, knowingly, or recklessly in the action that involved a substantial risk of burning

There must be some charring of the actual structure; Smoke damage or burning of personal property inside is insufficient

Modern approach includes the burning of a residential or a commercial building (doesn’t have to be the dwelling of another)